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The task of interpreting the exempt and complying development controls of the Codes SEPP has become increasingly complex.

Council has therefore decided to introduce a mandatory pre lodgement checking and related fee process for any complying development applications proposed to be lodged with Council.

Links have been provided below to more fully explain this process and to provide assistance to members of the public. Council strongly recommends that you consult with its officers in the early stages of the planning of your development, through a phone call on 02 6670 2400 to Council's Building and Environmental Health Unit.

Complying Development, in particular, requires that you do extensive research/preparation of your own application PRIOR to contacting Council or a private certifier.

What do we mean by Exempt and Complying Development?

Exempt and Complying Development are prescribed categories of development that can be carried out with a simplified version of application and approval or in the case of Exempt Development, with no application.

These types of development are limited to certain locations and are typically simpler small scale developments on sites with minimal constraints that are consistent with preset specific controls.

Complying and Exempt Development is available for consideration primarily under State Government Environmental Planning Policy.

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (external link)

State Environmental Planning Policy (Affordable Rental Housing) 2009 (external link)

State Environmental Planning Policy (Infrastructure) 2007 (external link)

Council DCP Section A10 (262kB PDF)

The choice to use one of the above frameworks will depend on the nature of the work proposed and the land involved as well as the legal relationship requirements described in the above documents.

Once you have established that your proposal can be Complying or Exempt Development, you should follow the sequence of Complying or Exempt Development stages below.

The above DCP A10 can only be used for a very few exempt development categories.

Exempt Development

If your proposal satisfies the relevant provisions for exempt development then no application or approval required.

Complying Development

A Complying Development Certificate combines the functions of both development consent and a construction certificate in one single application and approval.

An Application for a Complying Development Certificate (288kB PDF) may be lodged if the proposal meets the prescribed requirements set down under the NSW (SEPP) State Environmental Policy (Exempt and Complying Development Codes) 2008.

A Complying Development Certificate can be issued by Council or a privately accredited certifier.

In some circumstances, pre-requisite approvals may be required prior to lodging an application for Complying Development.

If you are lodging this application with Council, you should follow the sequence of Complying Development (CDC) events in the 8 stages below:

Most Recent Legislative Changes to the SEPP

A new simplified Housing Code and Housekeeping Amendment took effect on 14 July 2017.

Given the increasing complexity of the Codes SEPP, Council has decided to introduce a mandatory pre lodgement checking and related fee process for any complying development applications proposed to be lodged with Council.

Section 64 charges may still apply for Complying Development Certificate (CDC) applications for commercial or industrial development. These charges are used by Council to offset the additional cost of water and sewerage infrastructure following development. Similarly, these developments may also be the subject of other forms of charges under Council's Section 7.11 developer contribution plans. Property owners can gain an indication of any applicable Development Servicing Charges or Section 7.11 contributions by contacting Council's Development Assessment Unit prior to lodging a CDC. For further information about S64 charges, please visit the billing and charges page.

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